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S1210................................................by JUDICIARY AND RULES
PATIENTS - MENTALLY ILL - Amends existing law to provide conditions for the
use of seclusion or the use of physical restraints on a hospitalized
mentally ill patient; and to provide that the use of, an evaluation of and
the reasons for such restraint shall be made a part of the patient's
clinical records.
03/06 Senate intro - 1st rdg - to printing
03/07 Rpt prt - to Health/Wel
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 33-1-1
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- Keough
Absent and excused -- Williams
Floor Sponsor -- Lodge
Title apvd - to House
03/19 House intro - 1st rdg - to Health/Wel
03/23 Rpt out - rec d/p - to 2nd rdg
03/26 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 65-0-5
AYES -- Barraclough, Barrett, Bedke, Bell, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Hansen, Harwood,
Henbest(Farley), Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell,
Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stone, Tilman, Trail, Young(Young)
NAYS -- None
Absent and excused -- Bieter, Pischner, Wheeler, Wood, Mr. Speaker
Floor Sponsor -- Bradford
Title apvd - to Senate
03/29 To enrol
Rpt enrol - Pres signed
03/30 Sp signed - to Governor
04/04 Governor signed
Session Law Chapter 339
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1210
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE HOSPITALIZATION OF MENTALLY ILL PATIENTS; AMENDING SECTION
3 66-345, IDAHO CODE, TO PROVIDE THAT RESTRAINTS SHALL NOT BE APPLIED TO A
4 PATIENT NOR SHALL A PATIENT BE SECLUDED UNLESS IT IS DETERMINED THAT SUCH
5 RESTRAINT OR SECLUSION IS NECESSARY FOR THE PATIENT'S SAFETY OR FOR THE
6 SAFETY OF OTHERS, TO PROVIDE THAT EVERY INSTANCE OF A RESTRAINT OR SECLU-
7 SION OF A PATIENT AND AN EVALUATION OF AND THE REASONS FOR SUCH RESTRAINT
8 OR SECLUSION SHALL BE MADE A PART OF THE CLINICAL RECORD OF THE PATIENT
9 UNDER THE SIGNATURE OF A LICENSED PHYSICIAN OR OTHER PRACTITIONERS
10 LICENSED TO PRACTICE INDEPENDENTLY AS DELEGATED.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 66-345, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 66-345. MECHANICAL RESTRAINTS AND SECLUSION. Mechanical rRestraints shall
15 not be applied to a patient nor shall a patient be isolated secluded unless it
16 is determined that such restraint or seclusion is necessary for his the
17 patient's safety or for the safety of others. Every use instance of a mechani-
18 cal restraint or seclusion of a patient shall be documented in the clinical
19 record of the patient. In addition, every instance of a restraint or seclusion
20 shall be evaluated and the evaluation and reasons therefor such restraint or
21 seclusion shall be made a part of the clinical record of the patient under the
22 signature of the director of the facility a licensed physician or, as dele-
23 gated through the bylaws of the hospital's medical or professional staff,
24 other practitioners licensed to practice independently.
STATEMENT OF PURPOSE
RS 11200C1
These amendments to the existing statute updates current
language making it more consistent with best practice,
changing terms from "mechanical restraints" to restraints
and seclusion."
New federal rules imposed by the Health Care Financing
Administration address safety factors and considerations
for patients in psychiatric facilities reimbursed by
Medicaid for care provided. These rules would create a
hardship in many communities in Idaho, including State
Hospital South at Blackfoot, by the requirement of face to
face evaluation of the patient who is or has been
restrained by a physician or Licensed Independent
Practitioner. Many Idaho communities do not have
sufficient numbers of these physicians or practitioners who
are available to provide this evaluation for patients. If
physicians are available, the cost of these additional
services will be prohibitive.
Patient safety can be ensured by the use of other licensed
professionals in our state. This change to the statute
would allow for the use of the other listed professionals
if consistent with the policy of the facility.
FISCAL IMPACT
It is anticipated that this change in statute will save the
state approximately $175,000 not currently appropriated
from the cost at State Hospital South annually. If the
legislation does not pass, these additional costs will be
incurred.
Contact
Name: Joyce McRoberts, 334-5500
Deputy Director
Barbara Hancock, 334-0646
STATEMENT OF PURPOSE/FISCAL NOTE S 1210